s0.hfdstatic.com · Web view2021/07/20 · Typing and word processing Office supplies Law student/ law clerk time Interoffice conferences For any item listed above not considered

September 21, 2023

Re: The Hartford’s Property and Casualty Companies: Preferred Panel Counsel Program Request for Information

Dear Counsel:

Thank you for your interest in working with the affiliated companies of The Hartford Financial Services Group (“The Hartford”), a leading provider of Property and Casualty Insurance. Panel Counsel for The Hartford includes many of the best attorneys and law firms in the country.

Providing quality defense counsel on behalf of its insureds is a matter of service distinction for The Hartford. We seek to pre-position providers of legal services through a centrally managed Panel Counsel program, and the information you are asked to provide enhances both the selection process and the collaborative relationship between The Hartford and its Panel Counsel.

Your responses to the following areas of inquiry will allow us to consider your Firm for either new or continued inclusion as Panel Counsel.

We look forward to this being a mutually beneficial and favorable relationship.

Thank you.

Very truly yours,

Robert Biagi Jarret LewisPanel Counsel Manager (East) Panel Counsel Manager (West)Direct Dial: (860) 547-6075 Direct Dial: (860) 547-2936Email: [email protected] Email: [email protected]

One Hartford Plaza T-5 Hartford, CT 0615 www.thehartford.com/panelcounsel

The Hartford – Preferred Panel Counsel Request for Information[©2020 by The Hartford. Classification: Company Confidential. No Part of this document may be reproduced, published or used without the permission of The Hartford].

INSTRUCTIONS AND OVERVIEW

The form for this Request for Information has been created to facilitate consideration of a law firm for inclusion as Panel Counsel for The Hartford’s Property and Casualty Companies. Inclusion of a law firm for The Hartford’s Panel Counsel is at the discretion of a Panel Counsel Manager.

The Panel Counsel Program offers direct benefits to our law firm business partners. Within each venue, a limited number of firms are designated as Panel Counsel and are retained to defend insured individuals and companies of The Hartford against claims for damages. Centralization of law firm management allows firms to be considered for assignments in areas of practice and with claim centers with which they may not have an existing relationship, thereby expanding business opportunities.

Defense counsel uniquely serves as the front face of The Hartford, and we seek to develop a relationship with Panel Counsel that supports high quality legal work, which exceeds the service level expectations of our insureds.

Overview of Process:

1. Save this document.

2. Complete the document form fields. (The document is password protected so that you are limited to completing the form fields. Attach additional pages or documents as needed.)

3. Submit the completed document via email to Panel Counsel Managers: Robert Biagi [email protected], (East) Jarret Lewis [email protected], (West)

4. Additional information or documents may be requested by The Hartford, and should be promptly provided.

5. The law firm will receive a response with respect to its inclusion as Panel Counsel and the terms of approved rate structures.

All submissions received shall remain the sole property of The Hartford, not to be returned after the evaluation.

Thank you.


REQUEST FOR INFORMATION – OVERVIEW AND INSTRUCTIONS

I. LAW FIRM INFORMATION & DEMOGRAPHICS

Law Firm Name:

Primary Relationship Contact for Claims: Position/Title: Email:Phone:

Person completing this form (if different):Position/Title: Email: Phone:

Law Firm Address (Primary Office): City, State ZIP: Phone Number: Website:

Total number of lawyers:

Does the firm maintain additional offices? Yes No

If so, indicate whether you are requesting that Claims consider including other offices for panel counsel. For each office you want to be considered part of Hartford’s Panel Counsel, identify the location (city/state), number of attorneys in the office, and a primary point of contact.

What percentage of the Firm’s annual revenue is based on Hartford business? Select from list

For the Primary Relationship Contact for Claims, what percentage of annual time is dedicated to Hartford work? Select from list

Total Staffing and Employees. The following chart should be completed to identify the number of staff at each location for the Firm:

Number of EmployeesCity, State of

Office Partners Associates Paralegals Other Employees Total


For the professionals working on Hartford Claim matters:

Do you employ legal assistants/legal secretaries who perform clerical work that is not separately charged? Yes No

If yes, which attorney/assistant ratio best describes your staffing model? Select from list

Do you employ paralegals? Yes No

Language Capability: Please indicate the following language capacities that apply for the firm. Qualified bilingual staff should be able to communicate both orally and in writing to potential clients speaking a native language other than English:

Bilingual attorneys: Yes No (Languages: )Bilingual paralegals: Yes No (Languages: )Bilingual office staff: Yes No (Languages: )

Commitment to Diversity. The Hartford is a participant in and committed to the American Bar Association's Minority Counsel Program and a signatory to the Call to Action. As a participant in these initiatives, we seek to promote engagement of Minority and Women-owned Business Enterprises and minority lawyers within our Preferred Panel Counsel Program. "Minority and Women-owned Business Enterprise (MWBE)" is a for-profit company that is at least fifty one percent (51%) owned, controlled, and managed by one or more members of a socially or economically disadvantaged minority group. For purposes of the program, members of a socially or economically disadvantaged minority group are African-Americans, Asian-Americans, Hispanic and Native American lawyers, Women, Veteran or Disabled veterans, and LGBTQ+.

Please provide statistics on the number and percentage of law firm minority and female personnel within each category (partner, associate and paralegal).

Minority Group Partners Associates Paralegals Other

Employees Total

African-Americans

Asian-Americans

Hispanic-Americans

Native-Americans

Veteran or Disabled

LGBTQ


Women

Are you certified by a third party? Yes No

If YES, please provide the name of the organization___ __and upload the most recent certificate.

*Examples of a third party organization include but are not limited to: National Minority Supplier Development Council, Women's Business Enterprise National Council, National Gay & Lesbian Chamber of Commerce, California Department of Insurance and other state and federal organizations.

If your law firm does not meet the MWBE criteria please answer the questions below:

Steps to Diversify: 1. Do you actively recruit diverse providers, contractors, franchisees, or panels? Yes No

If YES please provide any available details of your program.

If NO please provide an action plan to improve diversity in your law firm. Include specific steps taken to diversify from hiring to promoting and beyond.

Tier II Spend-law firm’s own spend with certified MWBE vendors

1. Do you collect MWBE information about your vendors? Yes No

2. Can you report Tier II Spend with these vendors? Yes No If YES, please complete the table below:

Vendor Name Service Provided Spend

1. Going forward, are you willing to provide Tier II Supplier Diversity Spend reporting to The Hartford on a

quarterly basis? Yes No


2. Going forward, are you willing to provide voluntary demographic information for each timekeeper in our

billing vendor platform (legal exchange)? Yes No

Does the Firm maintain Professional Liability (Malpractice) Insurance? Yes No

Name of Carrier: Policy Number: Limits of Liability: Deductible: Policy expiration:

Does the Firm represent plaintiffs in personal injury matters? Yes NoIf so, what percentage of annual revenue is derived from plaintiff work? Select from list.

II. LEGAL EXPERIENCE AND EXPERTISE

Each attorney working on The Hartford matters should be identified in advance of representation and is subject to approval and agreement by The Hartford: Identify each attorney proposed to be assigned to work on matters assigned by The Hartford:

Attorney Name

Office location

Title/ Position

Areas of expertise

States Admitte

d to Practice

Years of Practice Defense

Litigation

Years at Firm Ave. case load

How many jury trial verdicts last

10 years?(1,2,3,4,5 5-10,

10-20, 20+) Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list. Select from list.


III. TECHNOLOGY, DATA & METRICS, QUALITY CONTROL & SECURITY

The Hartford is committed to the use of technology in the practice of law, and expects to retain counsel that shares this commitment. Check any of the following capabilities that you have in place:

Firm uses an electronic case management system.Identify name of system:

Firm has an electronic document management system. Lawyers are able to access complete files from home, court or other locations. Clients have ability to view or access legal files remotely.

All incoming mail is scanned to an electronic file.

You are invited to provide additional information about how your firm uses technology in your practice:

Does the law firm maintain a law library? Yes No

Does the law firm provide electronic research capability for attorney and paralegals in the law firm? Yes NoIdentify electronic research providers with which the firm contracts:

Lexis Yes NoWestlaw Yes NoOther (Describe)

Describe data and metrics the Firm monitors that provide insight into the expense, duration and/or outcome of cases that you handle on behalf of The Hartford.

The firm agrees to provide reporting on its inventory pursuant to Hartford’s panel counsel program requirements. Yes No

Does the firm have a formal disaster and business continuity program? Yes No


If yes, is it documented in writing? Yes No If in writing, please provide a copy. Alternatively, please fully describe below.

Does the firm agree to self-audit Hartford files for quality and billing pursuant to Hartford’s quality program and provide audit results to The Hartford’s Panel Counsel Managers? Yes No

Law firms retained by The Hartford should have appropriate controls in place to preserve confidentiality and integrity of information assets belonging to The Hartford and its insureds. Do you agree to report any breaches of confidentiality to The Hartford? Yes No

III. INFORMATION TECHNOLOGY

As a Covered Entity, The Hartford is subject to regulations designed to promote the protection of customer personally identifiable information.

Given the risk, certain regulatory minimum standards are warranted so that Cybersecurity programs can meet the relevant risks and keep pace with the current threat landscape.

The purpose of this questionnaire is to provide The Hartford with a general understanding of your company’s information security program relevant to regulatory requirements and widely accepted industry best practices. At The Hartford’s discretion, vendors may be asked to implement, comply with, and/or provide proof of compliance for one or more of the requirements defined in this questionnaire.

Question Yes/No Comments1. Does your company maintain a Security Program based upon the current version of NIST Cybersecurity Framework, NIST 800-53r* and/or ISO 27002 to (a) protect the integrity, availability, security and confidentiality of The Hartford’s data?

Yes/No

2. Does your company have documented, formal security and privacy policies that are made available to all of your personnel?

Yes/No

3. Does your company provide employees security awareness training on at least an annual basis to account for changes in the threat landscape?

Yes/No


4. Does your company conduct annual security risk assessments and are those assessments performed internally or by a Third Party?

Yes/No

5. Does your company certify compliance with laws and industry standards via an independent evaluation such as a Service Organization Controls Report (SOC 2) or ISO27001?

Yes/No

6. Does your company conduct background checks for anyone who will: Enter The Hartford’s facilities, access The Hartford’s computer systems, or have access to The Hartford’s data?

Yes/No

7. Does your company have a formally documented and tested security incident response plan?

Yes/No

8. Does your company have a process for managing the software development life cycle (SDLC) of all in-house developed and acquired software in order to prevent, detect and correct security weaknesses?

Yes/No

9. Does your company actively destroy data when it is no longer legally required to be retained? When required to destroy The Hartford data, are you capable of doing so in accordance with the latest NIST SP 800-88 “Guidelines for Media Sanitization” revision?

Yes/No

10. Does your company access, process, or store data from any facility outside the United States?

Yes/No

11. Does your company have the ability to generate, maintain, and monitor audit logs designed to detect and respond to Security Incidents and are those logs retained for no less than three (3) years?

Yes/No

12. Does your company require Multi-Factor Authentication, utilizing more than one method of login credentials to verify a user’s identify, prior to granting remote access to your company’s internal network?

Yes/No

13. Does your company encrypt sensitive data (e.g. PII, PHI, and Nonpublic Information) that is transmitted over

external public networks and at rest within your data stores?

Yes/No


IV. CASE TYPES , BILLING PRACTICES, FORMS & PROPOSED RATES

14. Does your company have a vendor risk management program with written policies and procedures and includes contract language that must be implemented to ensure your third party service providers which could access, process, or store The Hartford’s data are adequately protected?

Yes/No

15. Does your company use “Cloud” based services? If so, in which capacity? (IaaS, PaaS, SaaS.)

Yes/No

15a. If applicable to question (15) above, please provide a statement on the governance practices for ensuring the protection of The Hartford’s data. (shared responsibility model)

Yes/No

16. Does your company deploy network and application security controls that include network intrusion detection/prevention (IDS/ IPS), firewalls, anti-malware/anti-virus protection?

Yes/No

What types of cases do you want The Hartford to consider assigning to your firm? Check all that apply:

Liability and HGS Casualty claims: General liability (Includes all tort cases unless separately stated) Product liability Auto and Vehicular collisions UM/UIM Construction Defect Construction Bodily Injury

Business Torts: Advertising injury Defamation Intellectual Property, Trademark, Copyright Other Business Torts: (please list)

Workers Compensation Defense Workers Compensation Appeals

Strategic Claims Management: Asbestos


Other Toxic Torts or Mass Tort (please list) Sexual Torts (Molestation, Assault) Environmental (please describe)

Professional Liability: Employment Professional Liability Errors and Omission

Allied Health Architects and Engineers Accountant Malpractice Other non-medical errors and Omissions (please list)

Directors and Officers Appellate Workers Compensation Subrogation Property Subrogation Marine Other:

Approval of Legal Fees and Charges: The Hartford is committed to the prompt and fair consideration and payment of reasonable and necessary legal expenses consistent with the defense assignment made to the Firm. Untimely legal expenses cannot be honored for payment.

Panel Counsel are required to bill electronically, and “paper”, “hard copy” or “courtesy” invoices are neither required nor considered for payment, unless submitted at the direction of a Panel Counsel Manager.

Fee agreements are made in advance of representation and are established with respect to existing and prospective legal assignments. Field claim handlers and field claim center management do not have the responsibility or authority to change the existing agreements with the Firm. Unilateral rate changes, including those purported to have been made with the claim handlers or offices will not be honored. Requests for future modification of rate changes shall be submitted for consideration directly to a Panel Counsel Manager, and will be considered at The Hartford’s discretion. Rate changes should not be requested at the time of a case referral. Proposed hourly rates will apply to each matter through its conclusion unless modification is specifically agreed to by The Hartford. Claim handlers will refer matters to the law firm based on the expectation that an existing fee structure is applicable.

Describe any minimum billing requirements, targets or productivity expectations for lawyers and paralegals:

What is the Firm’s base compensation for new (first year) associates?

Use of Forms and Prior Work:The total billed hours can be significantly impacted through the efficient use of forms and prior work. In selecting Panel Counsel, The Hartford expects that the law firm will utilize prior experience to reduce the number of hours that might be required for an inexperienced attorney, paralegal or secretary to draft routine pleadings, discovery and correspondence.


Does the firm maintain electronic forms, pleadings, briefs and research for use in future cases? Select from list

Does the firm agree to bill for actual time required to modify pre-existing documents and forms rather than “value”, “unit” or other billing methods? Yes No

Identify the types of electronic forms maintained by the firm by checking all applicable boxes:☐ Acknowledgement of new assignment letter☐ Standard letter of representation to new client☐ Standard letter of representation to counsel☐ Standard letters to courts for routine inquiries and filing☐ Release for use in personal injury lawsuit☐ Appearance forms☐ Answers (including affirmative defenses and cross-claims)☐ Standard personal injury interrogatories and document requests☐ Notices of deposition☐ Requests for Admission☐ Discovery motions☐ Pretrial Statements☐ Workers Compensation forms☐ Routine enclosure letters☐ Routine letters to client regarding scheduling of events and status☐ Jury Instructions☐ Other

Provide further detail regarding the firm’s ability to utilize form documents:

Proposed Legal Charges: The Firm should fully describe its proposals for legal charges and services. Firms are invited to submit proposals for both hourly rates and alternative fee arrangements.

Charges are proposed on the basis of hourly billing. Alternates to hourly billing are proposed.

Fully describe the Firm’s proposal for hourly billing. The description should include the hourly rate applicable to all attorneys by attorney tier, and should indicate any difference in hourly rate based on type of case or line of business.


LAW FIRM- ADDITIONAL INFORMATION

Fully describe the Firm’s proposal for alternative fee arrangements. Please include specifics. General statements of a firm’s willingness to enter alternative fee arrangements are not necessary.

Malpractice litigation or claims. Has the Firm or any employee been sued in a court of law for attorney malpractice?

Yes No (If Yes, please provide details of the claim and resolution):

Professional Responsibility. Has the Firm or any employee been subject to any public discipline by any court of law or ethics governing body related to the practice of law?

Yes No (If Yes, please provide details of the claim and resolution:

Revenue:

What was the Firm’s annual revenue for the prior year?

What percentage of the Firm’s annual revenue is based on defense litigation? Select from list.

Identify the Firm’s largest source of annual revenue by client:

Identify all clients or insurance referral sources that generate greater than 10% of annual revenue for the Firm:


ACKNOWLEDGEMENT OF PANEL COUNSEL PROTOCOL

Does the Firm have any current matters of representation that are adverse to the interests of The Hartford, or any of its affiliated insurance companies or any claim or lawsuit pending against any known Hartford insured? Yes No If so, provide an overview of this representation:

Has any prior Firm representation been adverse to the interests of The Hartford, or any of its affiliated insurance companies, or any known Hartford insured? Yes No If so, provide an overview of this representation:

The firm is invited to include additional information in support of its inclusion as Preferred Panel Counsel for The Hartford and its proposal for rates:

Check each of the following that are agreed and understood by the firm:

I have read and acknowledge receipt of The Hartford’s handling and billing guidelines available at www.thehartford.com/panelcounsel and will provide these to my office staff and other professionals working on Hartford matters. We will abide by these guidelines, to the extent permissible under applicable local law and rules of practice, and we recognize an obligation to review the website for relevant changes and to apply guideline for specific business units.


http://www.thehartford.com/panelcounsel,

All legal invoices will be submitted electronically in the manner designated and requested by The Hartford.

All legal invoices are subject to review prior to payment and that charges that are unreasonable, inconsistent with the information provided in this form, unnecessary for the assigned representation or untimely submitted are subject to reduction or rejection, subject to applicable local law and rules of practice.

The Firm recognizes that fee agreements will be made in advance and will apply for all Hartford Property and Casualty Underwriting Company assignments accepted by the Firm.

The Firm will not seek to change legal fees at the time of new referrals.

The Firm recognizes that any change to legal fee agreements cannot be effective without written confirmation from a Panel Counsel Manager or AVP, Claim Legal.

In the event that The Hartford has any obligation to pay legal expense for the firm related to defense of a Hartford policy holder or insured, including situations where firm is retained by an insured or other carrier first, or where the Hartford agrees to assume defense and indemnification, firm fees and expenses will be subject to Hartford rate agreement and guidelines, subject to applicable local law and rules of practice.

It is the responsibility of counsel to adhere to the legal budgeting requirements for each business unit from which work is assigned. Legal Budgets for all Auto and General Liability cases must be submitted in Bottom-line. Legal billing may be rejected in whole where budgets are not submitted as required.

Legal expenses incurred in the course of representation will be promptly paid by Panel Counsel and will be submitted for reimbursement in the normal billing cycle at cost, without mark up.

Legal bills that are not timely submitted will be rejected. Notwithstanding other guidelines or direction, the following items are considered by this firm to be overhead and will not be separately charged:

☐ Secretarial/clerical functions including scheduling (regardless of who performs them)☐ In-House Photocopies☐ Scanning☐ Data entry & storage☐ Postage☐ Telephone and fax☐ Mobile devices and data charges☐ File opening and closing activities☐ Completion of conflicts checks☐ Storage and retrieval of files (on-site or off-site)


☐ Billing activities☐ Budget creation☐ Any markups or surcharges added by the law firm including interest☐ File organization and maintenance, including filing, tabs, creating of notebooks andBinders☐ Indexing pleadings, discovery, medical records and correspondence☐ Bates numbering☐ Routine scheduling of depositions and meetings☐ Proofreading documents☐ Personal local transportation or parking☐ Books, Subscriptions, Educational expenses☐ Library expenses including on line services and☐ Docket systems (such as PACER)☐ Professional associations☐ Bar dues☐ Local transportation (travel time and mileage within 50 miles of the firm’s closestOffice)☐ Commuting expenses including parking, overtime and afterhours transportation☐ Local meals (no meal charges when travel is completed in a single day)☐ Entertainment☐ Rent☐ Furniture☐ Employee salaries including overtime☐ Typing and word processing☐ Office supplies☐ Law student/ law clerk time☐ Interoffice conferences

For any item listed above not considered overhead by the firm, provide detail as to the reason a separate charge is proposed, the method of calculation and the anticipated cost.


Documents

s0.hfdstatic.com · Web view2021/07/20 · Typing and word processing Office supplies Law student/ law clerk time Interoffice conferences For any item listed above not considered